44 Ala. 331 | Ala. | 1870
This suit was commenced by attachment for rent.
The complaint contains two counts, according to the
There was no error in allowing the sheriff to amend his return so as to make it speak the truth. — McArthur v. Carrie's Adm’r, 32 Ala. 85.
Section 2809 of the Revised Code authorizes the amendment of the complaint by striking out or adding new parties plaintiff or defendant. Section 2559 makes all joint promises or covenants in writing several, as well as joint. In this case, if the agreement of the parties was in writing, the amendment of the complaint, by striking out the defendant Roberts, was permissible. If not, it was an error. The record does not inform us whether it was verbal or written. The presumption must be in favor of the -action of the court. If the plaintiff desired a judgment against both defendants, the proper practice would have been to continue the cause to await the result of the proceeding in bankruptcy. — Bankrupt Law, § 14. He was, however, entitled to his election, so far as the record discloses the facts.
The judgment is affirmed.